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This Agreement sets forth the terms and
conditions that govern your access and use of
BlogOverdrive.com.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR
USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE
AND SHOULD IMMEDIATELY CEASE SUCH USE.
BLOGOVERDRIVE.COM MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
This Agreement includes BlogOverdrive.com's
Terms of Service and Use Policy, to which You
are indicating Your agreement and acceptance to
be bound by the provisions thereof, by way of
your use of the Site.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and
trademark laws protect the entire contents of
the Site. The owners of the intellectual
property, copyrights and trademarks are
BlogOverdrive.com and Internet Marketing Tech,
Inc., its affiliates and subsidiaries or other
third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE
SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
2. Trademarks.
BlogOverdrive.com content or services referenced
herein or on the BlogOverdrive.com website are
the exclusive trademarks or service marks of
BlogOverdrive.com, including the "look" and
"feel" of the Site, BlogOverdrive.com’s color
combinations, layout, and all other graphical
elements. Any use of BlogOverdrive.com's
trademarks is strictly prohibited without the
express permission from BlogOverdrive.com. Other
product and company names mentioned in the
BlogOverdrive.com website may be the trademarks
of their respective owners.
3. Use of the Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET.
BLOGOVERDRIVE.COM PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SITE, ANY
MERCHANDISE, INFORMATION, SERVICE, OR
TRANSACTION PROVIDED THROUGH THE SITE OR ON THE
INTERNET GENERALLY, AND BLOGOVERDRIVE.COM SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF
THE SITE ANY SUCH MERCHANDISE, INFORMATION,
SERVICE OR TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SITE OR ON THE
INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK.
BLOGOVERDRIVE.COM HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
YOU AGREE THAT YOU WILL REVIEW AND ABIDE BY THE
TERMS AND CONDITIONS OF ANY RSS FEED THAT YOU
USE WITH BLOGOVERDRIVE.COM AND NOT USE
BLOGOVERDRIVE.COM FOR ANY RSS FEED THAT
PROHIBITS ITS USE FOR ANY REASON. YOU SHALL HOLD
US HARMLESS FOR YOUR IMPROPER USE AND INDEMNIFY
US FOR ANY THIRD PARTY CLAIM AS A RESULT OF YOUR
MISUSE-SEE #5 - INDEMNIFICATION AND RESERVATION
OF RIGHTS
4. Limitation of Liability.
IN NO EVENT WILL BLOGOVERDRIVE.COM BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE,
OR TRANSACTIONS PROVIDED ON THE SITE, OR
DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF
BLOGOVERDRIVE.COM OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SITE, ANY MERCHANDISE,
INFORMATION, SERVICE, TRANSACTION AND/OR
MATERIALS PROVIDED OR DOWNLOADED THROUGH THE
SITE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
BLOGOVERDRIVE.COM'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW. The aggregate
liability for the Company to you for all claims
arising from your use of the BlogOverdrive.com
website is limited to
$100.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless
BlogOverdrive.com, its officers, directors,
employees, agents, licensors, suppliers and any
third party information providers to the Site
from and against all losses, expenses, damages
and costs, including attorneys' fees, resulting
from any violation of this Agreement (including
negligent or wrongful conduct) by you or your
use and access of the BlogOverdrive.com website.
6. Special Terms for International Use.
Recognizing the global nature of the Internet,
you agree to comply with all local rules
including, without limitation, rules about the
Internet, data, e-mail, or privacy.
Specifically, you agree to comply with all
applicable laws regarding the transmission of
technical data exported from the United States
or the country in which you reside. Software or
other goods from the Site is subject to United
States export controls. No software or other
goods from the Site may be downloaded or
otherwise exported or re-exported (i) into (or
to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By
downloading or using any software or other goods
from the Site, you represent and warrant that
you are not located in, under the control of, or
a national or resident of any such country or on
any such list.
7. Web Site Security Rules.
You are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation, (a) accessing data not
intended for you or logging into a server or
account which you are not authorized to access,
(b) attempting to probe, scan or test the
vulnerability of a system or network or to
breach security or authentication measures
without proper authorization, (c) attempting to
interfere with service to any user, host or
network, including, without limitation, via
means of submitting a virus to the Web Site,
overloading, "flooding", "mailbombing" or
"crashing", or (d) sending unsolicited e-mail,
including promotions and/or advertising of
products or services, or (e) forging any TCP/IP
packet header or any part of the header
information in any e-mail, forum, or newsgroup
posting. Violations of system or network
security may result in civil or criminal
liability. BlogOverdrive.com will investigate
occurrences which may involve such violations
and may involve, and cooperate with, law
enforcement authorities in prosecuting those who
are involved in such violations. |